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DOCKET NO. 20200260-TP FILED 12/23/2020 Lance J.M

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DOCKET NO. 20200260-TP FILED 12/23/2020 Lance J.M DOCKET NO. 20200260-TP FILED 12/23/2020 Lance J.M. Steinhart, P.C. DOCUMENT NO. 13733-2020 Attorneys At Law FPSC - COMMISSION CLERK 1725 Windward Concourse Suite 150 Alpharetta, Georgia 30005 Also Admitted in New York Telephone: (770) 232-9200 Email: [email protected] Facsimile: (770) 232-9208 December 23, 2020 VIA ELECTRONIC DELIVERY Florida Public Service Commission Office of Commission Clerk 2540 Shumard Oak Blvd. Tallahassee, Florida 32399-0850 Re: Petition for Declaratory Statement by TruConnect Communications, Inc. To Whom It May Concern, TruConnect Communications, Inc. ("TruConnect" or the "Company") hereby submits the attached Petition for Declaratory Statement. If you have any questions or ifl may provide you with additional information, please do not hesitate to contact me. Thank you for your assistance. Respectfully submitted, Isl Lance JM Steinhart Lance J.M. Steinhart Managing Attorney Lance J.M. Steinhart, P.C. 1725 Windward Concourse, Suite 150 Alpharetta, Georgia 30005 (770) 232-9200 (Phone) (770) 232-9208 (Fax) E-Mail: [email protected] Attorneys for TruConnect Communications, Inc. Attachments cc: Nathan Johnson BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition of TruConnect ) Communications, Inc. ) ) Docket No. ______________ for Declaratory Statement Concerning ) Jurisdiction Over Wireless ) Filed: December 23, 2020 Telecommunications, Specifically ) Commercial Radio Service Providers, for ) the sole purpose of Lifeline-Only ETC ) designation ) __________________________________ ) PETITION FOR DECLARATORY STATEMENT BY TRUCONNECT COMMUNICATIONS, INC. Pursuant to Section 120.565, Florida Statutes (“F.S.”), and the Uniform Rules of Procedure in Chapter 28-105, Florida Adminsitrative Code (“F.A.C.”), TruConnect Communications, Inc. (“TruConnect”, or the “Company”), by its undersigned counsel, petitions the Florida Public Service Commission (“Commission”) for a declaratory statement (“Petition for Declaratory Statement”) that: (1) The Commission can and should assert jurisdiction over commercial mobile radio service (“CMRS”) providers for the sole purpose of Lifeline-Only Eligible Telecommunications Carrier (“ETC”) designation. CMRS has historically been exempt from Commission regulation, except that the Commission was responsible for wireless (including CMRS) ETC designation purposes until the Commission began deferring jurisdiction to the FCC in 2012.1 As explained herein, because of the ambiguity in the statute, i.e. there is not an explicit Commission prohibition, and the fact that circumstances now necessitate that the Commission 1 See attached Exhibit 1 for a sample letter from the Commission stating “The Florida Legislature in 2011 (HB 1231), removed the FPSC authority to designate ETC wireless providers. Effective July 1, 2012, wireless providers must directly apply for Florida ETC designation with the FCC.” reassert jurisdiction over CMRS providers for Lifeline-Only ETC designation purposes in order to protect the livelihood of millions of low-income Floridians, especially in the midst of a global pandemic. In support of its petition, TruConnect states as follows: 1. The name and address of the agency affected by this Petition are: Florida Public Service Commission 2540 Shumard Oak Blvd Tallahassee, FL 32399-0850 2. The name and address of the Petitioner are: TruConnect Communications, Inc. 1149 South Hill Street, Suite 400 Los Angeles, California 90015 3. All notices, pleadings, documents, and other communications filed in this docket are to be directed to: Lance J.M. Steinhart Managing Attorney Lance J.M. Steinhart, P.C. Attorneys for TruConnect Communications, Inc. 1725 Windward Concourse, Suite 150 Alpharetta, Georgia 30005 (770) 232-9200 (Phone) (770) 232-9208 (Fax) E-Mail: [email protected] I. DESCRIPTION OF TRUCONNECT TruConnect is a Delaware corporation2 with its principal office located at 1149 S. Hill Street, Suite H-400, Los Angeles, California 90015. TruConnect is a CMRS provider. TruConnect provides prepaid wireless telecommunications services to consumers by using the underlying wireless networks of facilities-based providers, T-Mobile USA, Inc. (“T-Mobile”) and Sprint 2 TruConnect was organized in the State of Delaware on June 19, 2001. 2 Spectrum, L.P. (“Sprint”) (collectively, “Underlying Carrier”) on a wholesale basis to offer nationwide service. TruConnect obtains from its Underlying Carrier the network infrastructure and wireless transmission facilities to allow the Company to operate as a Mobile Virtual Network Operator (“MVNO”), similar to TracFone Wireless, Inc. (“TracFone”) and Virgin Mobile USA, L.P. (“Virgin Mobile”) which the Commission designated as ETCs prior to deferring jurisdiction to the FCC, as well as i-wireless, LLC (“i-wireless”) which was granted Lifeline-only ETC status in Florida by the FCC.3 TruConnect’s Lifeline services provide low-income consumers with discounted or no-cost (after Lifeline support) voice and broadband services that they can use to access emergency first responders, healthcare and telemedicine services, e-learning, job searches and a reliable means of communication that can be used both at home and while traveling. TruConnect is currently designated as a wireless Lifeline-Only ETC in California, Rhode Island, Vermont, and the U.S. Virgin Islands, and its affiliate Sage Telecom Communications, LLC d/b/a TruConnect (“Sage d/b/a TruConnect”) is designated as a wireless Lifeline-Only ETC in Arizona, Arkansas, Colorado, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New York4, Ohio, Oklahoma, Pennsylvania, Puerto Rico, South Carolina, Texas, Utah, Washington, 3 See TracFone Wireless, Inc. Application for designation as an eligible telecommunications carrier in the state of Florida for limited purpose of offering lifeline service to qualified households, Docket No. 070586- TP, Order PSC-08-0418-PAA-TP (made effective and final by Order PSC-08-0467-CO-TP on July 21, 2008) (“TracFone ETC Order”); see also Virgin Mobile USA, L.P. Petition for limited designation as eligible telecommunications carrier, Docket No. 090245-TP, Order No. PSC-10-0323-PAA-TP (made effective and final by Order PSC-10-0444-CO-TP on July 12, 2010) (“Virgin Mobile ETC Order”); see also i-wireless, LLC Amended Petition for Designation as an Eligible Telecommunications Carrier in the States of Alabama, Connecticut, Delaware, Florida, New Hampshire, North Carolina, New York, Tennessee, the Commonwealth of Virginia, and the District of Columbia, WC Docket No. 09-197, Order, 27 FCC Rcd 6263 (2012) (“i-wireless ETC Order”). 4 Effective December 6, 2019, via Senate House Bill 5782-A, the New York State Public Service Commission is permitted to designate CMRS providers as ETCs for Lifeline purposes. As a result, Sage Telecom Communications, LLC d/b/a TruConnect was approved by the New York State Public Service Commission as an ETC on March 19, 2020. 3 West Virginia and Wisconsin. The Company has an application for Lifeline-Only ETC designation pending with the FCC under Sage d/b/a TruConnect (for the states of Alabama, Connecticut, Delaware, Florida, Maine, New Hampshire, North Carolina, Tennessee, Virginia, and the District of Columbia, the “Non-Jurisdictional States”).5 Due to the FCC’s inaction with regard to ETC petitions as discussed further herein, TruConnect files this Petition for Declaratory Statement with the Commission and if granted, the Company will petition the Commission for Lifeline-Only ETC designation. Upon approval by the Commission, Sage d/b/a TruConnect will withdraw its request to the FCC for Lifeline-Only ETC designation in the State of Florida. II. DECLARATORY STATEMENT REQUESTED Section 120.565, Florida Statutes, states: Any substantially affected person may seek a declaratory statement regarding an agency’s opinion as to the applicability of a statutory provision, or of any rule or order of the agency, as it applies to the petitioner’s particular set of circumstances. TruConnect will petition the Commission for authority to offer its Lifeline services in the State of Florida contingent upon the Commission granting, in the affirmative, this request for a declaratory statement. TruConnect thus is a “substantially affected person” and has standing to bring this petition. 5 Sage Telecom Communications, LLC Petition for Limited Designation as an Eligible Telecommunications Carrier in Alabama, Connecticut, Delaware, the District of Columbia, Florida, New Hampshire, New York, North Carolina, Tennessee, and Virginia (Aug. 8, 2013) and Petition for Limited Designation as an Eligible Telecommunications Carrier in Maine for the Purpose of Lifeline Service (Dec. 13, 2013), WC Docket No. 09-197, Amended Petition filed Oct. 16, 2018 (“FCC ETC Petition”). 4 Rule 28-105.001, F.A.C. provides: A declaratory statement is a means for resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the agency has authority. A petition for declaratory statement may be used to resolve questions or doubts as to how the statutes, rules, or orders may apply to the petitioner’s particular circumstances. A declaratory statement is not the appropriate means for determining the conduct of another person. An actual controversy exists that requires the Commission to exert jurisdiction over wireless carriers, specifically CMRS providers for purposes of Lifeline-Only
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